OFAC 50 Percent Rule

cmp_ofac_50_percent_rule

US sanctions ownership rule treating entities owned 50 percent or more in aggregate by blocked persons as blocked.

TL;DR:

  • US sanctions ownership rule treating entities owned 50 percent or more in aggregate by blocked persons as blocked.
  • Aggregate direct and indirect blocked-person ownership and treat qualifying entities as blocked even when unlisted.
  • Block or reject as required and file prescribed OFAC reports.

Summary

The rule explains when an entity is treated as blocked because of its ownership even though its own name does not appear on OFAC's sanctions list. Ownership of 50 percent or more, directly or indirectly, in aggregate by one or more blocked persons makes the owned entity blocked under the applicable blocking framework. Multiple blocked owners' interests must therefore be considered together.

Indirect ownership can extend the analysis through several corporate layers. A screening system that checks only the immediate counterparty's name can miss entities whose property is blocked by ownership. Control without the relevant ownership threshold does not automatically trigger this particular rule, although other sanctions provisions, designations and risk considerations may still matter.

Operationally, the rule makes beneficial-ownership information, ownership changes and documentary analysis part of sanctions compliance. A possible name match and a confirmed blocked ownership relationship require different investigation steps. The rule concerns blocking sanctions and should not be applied mechanically to every non-SDN restriction, which may have its own legal conditions.

Keywords

  • OFAC 50 Percent Rule
  • OFAC 50% Rule
  • OFAC FAQ 401 and related guidance
  • OFAC 50 Percent Rule summary
  • OFAC 50 Percent Rule requirements
  • OFAC 50 Percent Rule compliance
  • United States payment regulation
  • United States financial regulation
  • US Office of Foreign Assets Control regulation
  • sanctions and screening